1320-02-01-.25
Application Of Proceeds
Cite as Tenn. Comp. R. & Regs. 1320-02-01-.25
(1)
Any money realized by proceedings under the Tax Enforcement Procedures Act whether by
seizure or by surrender (except pursuant to subsection (b)(2) of T.C.A. § 67-1-1412 or by
sale of seized property, or by sale of property redeemed for the state (if the interest of the
state in such property was a lien arising under the provisions of this title) shall be applied as
hereinafter indicated.
(a)
First, against the expenses of the proceedings.
(b)
Taxes such as ad valorem taxes on the property seized shall only be paid after the
expenses in (a) if the state does not have a senior lien for taxes pursuant to T.C.A. §
67-1-1403.
(c)
The amount, if any, remaining after complying with the provisions of subparagraphs (a)
and (b), as hereinabove stated, shall then be applied against the liability in respect of
which the levy was made or the sale was conducted.
(2)
Any surplus proceeds remaining after the application of paragraph (l), as hereinabove stated,
shall, upon application and satisfactory proof in support thereof, be credited or refunded by
the Commissioner or his delegate to the person or persons legally entitled thereto. The
delinquent taxpayer is the person entitled to the surplus proceeds unless another person
establishes a superior claim thereto. If there are multiple claims to surplus proceeds, the
Commissioner may file an interpleader action as to any surplus funds in the Davidson County
Chancery Court.